A.Justification of sureties. Any bond submitted to the court by a paid surety under Rule 5-401(E)(2)(c) NMRA shall be signed by a bail bondsman, as surety, who is licensed under the Bail Bondsmen Licensing Law and who has timely paid all outstanding default judgments on forfeited surety bonds. A bail bondsman licensed as a limited surety agent shall file proof of appointment by an insurer by power of attorney with the bond. If authorized by law, a paid surety licensed under the Bail Bondsmen Licensing Law may deposit cash with the court in lieu of a surety or property bond, provided that the paid surety executes the appearance bond.B.Property bondsman. If a property bond is submitted by a compensated surety, the bail bondsman or solicitor must be licensed as a property bondsman and must file, in each court in which the bondsman posts bonds, an irrevocable letter of credit in favor of the court, a sight draft made payable to the court, and a copy of the bondsman's license.C.Property bond in certain districts. A real or personal property bond may be executed for the release of a person under Rule 5-401 NMRA in any judicial district in which the chief judge of the district upon concurrence of a majority of the district judges of the district has entered an order finding that the provisions of Paragraph B of this rule will result in the detention of persons otherwise eligible for pretrial release under Rule 5-401 NMRA. If a property bond is submitted by a compensated surety under this paragraph, the bail bondsman or solicitor must be licensed as a property bondsman and must pledge or assign real or personal property owned by the property bondsman as security for the bail bond. In addition, a licensed property bondsman must file, in each court in which the bondsman posts bonds (1) proof of the licensed bondsman's ownership of the property used as security for the bonds; and(2) a copy of the bondsman's license. The bondsman must attach to the bond a current list of all outstanding bonds, encumbrances, and claims against the property each time a bond is posted, using the court approved form.
D.Limits on property bonds. No single property bond submitted under this rule can exceed the amount of real or personal property pledged. The aggregate amount of all property bonds by the surety cannot exceed ten (10) times the amount pledged. Any collateral, security, or indemnity given to the bondsman by the principal shall be limited to a lien on the property of the principal, must be reasonable in relation to the amount of the bond, and must be returned to the principal and the lien extinguished upon exoneration on the bond. If the collateral is in the form of cash or a negotiable security, it shall not exceed fifty percent (50%) of the amount of the bond and no other collateral may be taken by the bondsman. If the collateral is a mortgage on real property, the mortgage may not exceed one hundred percent (100%) of the amount of the bond. If the collateral is a lien on a vehicle or other personal property, it may not exceed one hundred percent (100%) of the bond. If the bond is forfeited, the bondsman must return any collateral in excess of the amount of indemnification and the premium authorized by the superintendent of insurance. N.M. R. Crim. P. Dist. Ct. 5-401.2
Adopted, effective October 1, 1987; as amended, effective September 1, 1990; 5-401B recompiled and amended as Rule 5-401.2 by Supreme Court Order No. 17-8300-005, effective for all cases pending or filed on or after July 1, 2017. ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-005, effective July 1, 2017, specified in the rule heading that the rule applies to "surety bonds", revised the citation to the surety bond provision in Rule 5-401 NMRA; throughout the rule, changed "he" and "his" to "the bondsman" and "the bondsman's", and changed "pursuant to" to "under"; in the rule heading, deleted "Bail" and added "Surety"; in Paragraph A, after "by a paid surety", deleted "pursuant to Paragraph A of" and added "under", and after "Rule 5-401", added "(E)(2)(c) NMRA"; in Paragraph C, after each occurrence of "Rule 5-401", added "NMRA"; and in Paragraph D, after "exceed ten", added "(10)".
For acceptance of bail by designee, see Section 31-3-1 NMSA 1978. For Bail Bondsmen Licensing Act, see Section 59A-51-1 NMSA 1978 et seq. Recompilations. - Pursuant to Supreme Court Order No. 17-8300-005, former 5-401B NMRA, was recompiled and amended as 5-401.2 NMRA, effective for all cases pending or filed on or after July 1, 2017.